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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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my husband owes back child support and I am trying to buy a ...

Resolved Question:

my husband owes back child support and I am trying to buy a home in my name only. His ex wife just filed a civil petition against him. How does it work if I own a home? Can she take my home. We have been married a little over a year. Please advise
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
His child support debt is his separate property and you are not responsible for this debt.

However, property acquired during the marriage, even in your sole name is XXXXX XXXXX martial asset unless the funds you are using to purchase the home is your separate property (such as from a gift or inheritance). So even if the home you are buying is in your sole name, since the property was acquired during the marriage, the ex-wife can argue that the home is a marital asset and can be attached to pay off the arrears. Further, if his income is to contribute to the purchase of the home, the ex-wife can argue that his contributions have made the home a martial asset. So it is possible that a judgment lien can be attached to your home.

However enforcement for child support generally consists of garnishing his wages or intercepting his taxes, attaching a lien on property is typically something done when wage withholding is ineffective.

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